HomeMy WebLinkAboutYukon Koyukon Subregional Cooperative Labor Agreement 1997fis ory Yukon-Koyukuk
Subregional _
Yukon Koyukuk Region
“Neel Ghul Neets’ Niy” Cooperative Labor
Agreement
en ea el aD
Subregional
Yukon Koyukuk Region
“Neel Ghul Neets’ Niy” Cooperative Labor
Agreement
TABLE OF CONTENTS
Page
Article I Preamble and Purposes..........:.cccscsseseseeeeseeeeseeceeeeeeseeseseeeeseseeeeseeeeaee 2
Article II PURI S ees slotatateceteterateseteteretaterererarehetarstsbanshencatasucstesatebe late 3
Article III Parties, Coverage, and Basic Duties
Section 1 i 5
Section 2 Tribal Sovereign Immunity. 6
Section 3 COVETA RS acdsee cahshcaatshstaessesbaretebanskabacshchdesnstabesaciedseeenbivecsbebetcdersees 6
Section 4 Cooperation and Commu nication..........ccccccceeeseeeeseseseeteeeesteeeeeeeeeeeees 6
Section 5 Inclusion of Other Parties.........cceccceceseeseseeseseeseeeseeeeseseeeeseneeseseeeeaes 6
Section 6 Basic Duties.................csssecssecsssenserenecerscocereossacataseetensreensosseroresasssenee 6
Article IV Effect of Other Agreements... eccceeeseseseseseteeseseseseseeeseseeeeneeeeees 7
Article V Hiring of Tribal Members as Employees Through Union(s)................ 7
Section 1 Tribal Employment Rights Ordinances (ATERO)..........::ccccccssseeeeereeee 7
Section 2 Firing as ieee re cess latessncdorccasetecotatetacesatuteasesacetonelstasedere 7
Section 3 Non-Discrimination Clause........c.ccccessssssssesseseseeseeeeseeeeceseeeeseeeeaeeeees 7
Section 4 Employer Violation of Hiring Procedures...........:.cccceceseseeseeeeeeeeeeeees 8
Article VI Tribal and Union Security Employer Recognition............ceeceeeeeeeee 8
Section 1 Checkoff of Dues.......ceccceccesesesseseseeseseeseseeeseeceseeseseeseseseeseeeseseeaeaes 8
Section 2
Section 3
Section 4
Section 5 Union Security... us
Section 6 Employer Recognition... cccseeesessescssesesseseeecsceeeseeeseeeeseseeeeeeeeees 9
Article VIL = Grievance Procedure..........cecececeseesesesseseseesesceseeceseeecseeeseseeeeseeeaeeees 10
Section 1 Employer/Employee Disputes............ccccccesesesseseseseseseeeeeeeeeeseseseeeeesees 10
Section 2 Disputes Between Tribes and Unions..........cc.ccccesceseseeseseeeeseeeeeseeeeeeee 11
Article VIII Subsistence/Quarters/Travel.........c.ccccesessesssseseeceseeseseeseseeecseeeceeseeseeees 11
Article IX Drug/Alcohol Free Workplace... cceceeeceseceeeeeeeeseeeeseseeeeseeeeeenees 12
Article X Oday Sine aes esl chscshahslechendeceuedsusdnssnteceseetstabebskes 12
Article XI PAY sl atceseseseseteratetenssedecstaceratetetsrosctetalsdeesesetoustosacsletevacssatsecsdstedessdeneded 13
Section 1 Regular Payday . 13
Section 2 Payment of Wages Upon Termination........... wee 13
Section 3 Ttemized Deductions..............cccccccsceeseessseseceseeesseeseeeeeeeseceaeesseeseeseeeats 13
Section 4 Work in Different Classification..........ccccceeeseseeeeseseseteteeseseseeeeeeees 14
Article XT —— Wages. ciccccccssssctscsccctesccasessentesetesetesesetesesetsscetatesessncseestelessscoessncosasoees 14
Article XIII] Fringe Benefits....0...00.. cc ccccccsscseesseseeseeseeseeeceacesceaeeseeaeeaeeseeseeeeeneees 14
Article XIV Portability of Benefits Designation of AHome Trust Fundsé@................ 14
Article XV Pay Guarantees... 15
Section 1 Pay for Actual Time Worked. 15
Section 2 Show-Up Guarantee...--.-.-..ccccscceseccccsvcetscsseacsasettcossscsosesvoseteeasesenstesesere 15
Section 3 Work [njuries.......cceccecceccecsscseesecssesscecseeseeseeseaeeaeeaeeseesesseesaesaeeaseass 16
Section 4 Call-Back Guarantee............:ccccccecsessesessceseseeseeseeseesecseeeeeeeceaeeaeeaeeaees 16
Article XVI = Work Hours/Overtime/Shifts...........0..ccccccccesesseeseeeeeeeeeeeseeseeseeeeseeseeee 16
Section 1 Normal Work Day & Week . 16
Section 2 Starting Time... . 16
Section 3 Overtime Rates.........cccccccsessescescesceseesessesecseeseeseeseeseeseeeeesseestenseaseaes 17
Section 4 Multiple Shifts... ccccesscsseseeseesseseeseseeseeeeseesecseeeseesesseeseeseeseeaes 17
Article XVID Traiming........ cece eeeesescseesesceecscesesceeecseeecsesecseseeseeecseescsseseaeaceaeas 17
Article XVIII TERO/Union Admission to Jobsite...........ccccccccceseeeseeeeeeeeeeeeeeseeeeees 18
Section 1 Authorized Representation. ..........ccccccccseesesseeseseeeeeeeeeseeseeseeseeseeseenees 18
Section 2 Examination Of Records. :.:.:.2:.:<scssst-secsasecesasessssenssscsetessescsetotacsacsecess 18
Article XIX — Pre Job Comference............ccccccecssesseseesceseeseescscesecseacesteseeseeseeseeseenee 18
Section 1 Pre Job Conference............. . 18
Section 2 Notification to Subcontractor........ccccccccccscseesessceseeseeseesceseeeeeeseeseesees 18
Article XX — Union=s Trade Conflicts............cccccccccssessesseseesceseescesseseesseseesteseeseessens 18
Article XXI Strikes and Lockouts..........c.ccccecessseseceseessceseceseceseesseeeseesseeeseesscesees 19
Section 1 No Strikes/No Lockouts.. 19
Section 2 Responsibility... 19
Section 3 Judicial Remedies.. .. 19
Section 4 SV AON ACI OD cae os cece ec cee sees oes ce ee ee ee 19
Article XXII Work Preservation, Subcontracting, and Management Rights............ 20
Section 1 Construction Work Subcontractor Clause............ccccceesseeseeeseeeseeeeeeees 20
Section 2 Non-Construction Work Preservation Clause..........:cccssceseseseseeeeenee 20
Section 3 Management Ri guts ceccsn cece reese sees versa ot oes eos oes 20
Article XXIII Miscellaneous Provisions...........:ccccscsscssssssesesseseseeseeceseeeeseeseseeseneeneeees 20
Section 1 Chia Se tty POMC occa cacao cc cde scr ckc oan senccees testes cscecneededes dnc ncst 20
Section 2 Termination Slip........cecceceeeeseseeseeseseseeeesceeesceceeeseeeescseeseseesceeeeeseeaeees 21
Section 3 Work by Supervisors.........:.scccccecceseseeseseseeseeeeeesceeeseeeeecseeseseeeeseeeeeeees 21
Section 4 Immunizations and Physicals...........ccccscescseeeeeeeeseeceseeeeseeeseeeeeseeseeee 21
Section 5 Termination for Cause.........c.ccccceceseesesseseeeeeeseeeescecseeseseeseseeeeeeeeeeees 21
Section 6 Injured Person to get Priority for Rehire.......... i ceeeeeeeeeeeeeeeeeeeees 21
Section 7 New Equipment and Classifications... 21
Section 8 Severability Clause....
Section 9 Transportation in Aircraft .. 22
Section 10 Joint Venture... ee ecceeeesceceecceseeeceececcsecseeseeseeseeaeseeeaeeaeeaeeaeeaeeaeenes 22
Article XXIV Amendment and Duration........0..ccccece eee eceeeseeeeeeeseeseeeceeeeeeeeeeeees 22
Section 1 Term of Agreement... eeeecceeceseeseesceseeseesceeeseesecseceecseeseeseeeeneeease 22
Section 2 Amendment... ceeeceeeeseeseeeeeseeseeeeeseeseeaeeaeeeeeacsacsecsececseeseeseeneeeaseaes 22
Section 3 Special Adjustments......... . 23
Section 4 Termination of Agreement.. w. 23
Execution of Agreement...........cccccecesceseseeeeseseeseseeecseseeseseeseseeeeeeseeees 23
APPENDICES. ..........ccsccsssssssssssscsssssssscsscsessessssssssssssssssssssessessssessesssssasesseaseasensensess 25
APPENDIX I METHODS FOR HIRING TRIBAL MEMBERS AS EMPLOYEES THROUGH
UNION(S)
Article 1 Hiring Hall Job Referral Lists Maintained by Union/TERO Offices for Work
Within the Subregion
Section 1 Joint Hiring Committee for Oversight and Appeals............0..:c:eeee 26
Section 2 Tribal Employment Rights Ordinances (ATERO@) Hiring Preferences. 26
Section 3 PAIS TAU oc; cssscccccsncencsscsseinsqussscscseccenceccacesteseesessussosseseseassbessussetes
Section 4 Selection of Employees for Referral
Section 5 Rehire Provisions...........:c:ccceeeeeseeeseeee .
Section 6 Employer Ability to Reject Referred Applicants...........0.0. cece 29
Section 7 Employer Violation of Hiring Procedures..........c.:cccccseseseseseeseeeeeeeeee 29
Section 8 Registration or Reregistration............ceeeeeeeeseeceseeeeseeeseseeeeeeeeeeeeeeeees 29
Section 9 Obligation to Hire Through the Union...........cceeeeeseeeseeeeeeeeeeeeees 30
APPENDIX II LABORERS= LOCAL 942 SCHEDULE A
Hiring Provisions, Working Rules, Classifications, Wage Rates and Fringe
Benefits
Section 1 Exception to Referral Procedures..........cecsecesceseseseeeeeeseeeeeeeeeeeeeees 31
Section 2 Classifications and Wages..........:.cccccssesceseseeeeseseesceeeeeseeeeseeecseeeeseeeees 34
Article III Fringe Benefits
Section 1 Fringe Benefits
APPENDIX III OPERATING ENGINEERS LOCAL 302 SCHEDULE A
Article I Fringe Benefits, Hiring Provisions, Working Rules Classification and
Section 1
Section 2
Section 3
Section 4
Section 5
Section 6
Section 7
Article II
Section 1
Section 2
Article III
Article IV
Section 1
Section 2
Section 3
Section 4
Article V
Section 1
Article VI
Article VII
Article VIII
Article IX
Wa RCS si ctadoshsnseseattidceteddeshldcestectsceauedinttdalebadsdeersdesneda 40
Working Dues Check-Off Assignment...........:.ccccceeeseeeeseseseeeeeeeeeneees 40
Health and Security Benefit.............. . 40
Pension Benefit...
Apprenticeship Training-Retraining Benefit. . 41
Labor Management Cooperation Committee......0....:ccececeeeseteeeteeees 42
Contributions to Trusts... cccseeseeseeseeseeseeeeeseeeeeeceeceeeseeeseeeeeseeeees 42
Bee eee eee eee ceed ttesel Meee at linet teen tdecbbesehttdeebe 42
Apprenticeship Training-Retraining.............:ceeeeeseeeeeseeeeeeeseeeeeeeeeeeee
Apprenticeship Training-Retraining.
OOO eee earned lltM lek btdaabttdlettdeddabbedddettdaneodedeahedeee td
eee DOC e eee ee oe rene et dsdetsatldattedalbbeseattdclldsettdlesatdentedebbekteseettedne 43
Hiring of Operating Engineers... cece eseseeeeseseeseseeeeseseneeeeseees
Persons Dispatched by the Union, 1
Obligation to Hire Through the Union....0.....0....cceeceeeeeseeeeseeeeeeeees 44
OO ese ee eee cL lcbbassbebdadvesstadeebsadertedsehersedettente 44
eee OY tn nO cece cee eee ce eres tttaleebtdlettdaeeebtdaeh heel 45
Working Rules
Working Rules
WaTTAN WOT een a ol ocdeetaseeesucdeenscedsecowearstestenruesenee 48
Owner-Operat0l........s cece sseecseecestsesesscsesssssescscsssesssseeenssseesessees 48
Wages and Classifications..........:.cccssescesesseseeeeseeeeseseeeeseeeeeeeeseeeeeteeeees 48
eC eee eee eee ceed adeohedastihslsebhtddestlsabertsedechteeshesachicadsestedats 52
COOPERATIVE LABOR AGREEMENT
By and Between
NATIVE VILLAGES OF: HUSLIA, KALTAG, KOYUKUK,
LOUDEN, NULATO, and RUBY
and
LABORERS’ UNION, LOCAL NO. 942 and
OPERATING ENGINEERS UNION, LOCAL NO. 302
ARTICLE I
PREAMBLE
AND
PURPOSES
THIS COOPERATIVE LABOR AGREEMENT (hereinafter "Agreement"),
between the Laborers”Union, Local No. 942 and the Operating Engineers
Union, Local No. 302 (hereinafter "“Unions") and the Native Villages of
i Hustta, Kaltag,2Koyukuk ‘Louden, *Nulato, and’Ruby (hereinafter "Tribes”)
B all federally recognized Indian tribes with acknowledged inherent
sovereign powers B is entered into to benefit_their tribal members and
their families by addressing many issues plagiing these villages. By
entering into this Agreement, the parties seek to carry out the
following purposes, including but not limited to:
-gaining wider recognition of these Tribes’ Tribal Employment
Rights Ordinances (hereinafter "TERO") by other entities
conducting projects in these villages:
- to promote economic self-sufficiency for the Tribes, their
members, their families, and other area residents;
- to provide a negotiated framework for industrial peace and
economic stability needed to attract rural economic development;
- to establish portability, continuity, and sustainability of
fringe benefit programs for tribal members;
- to provide greater access to quality training and worker
education programs ;
- to provide better continuity in on-the-job training activities:
- to promote quality employment opportunities with reliable
compensation for tribal members, their families, and other area
residents;
- to improve the quality and productivity of the local labor force
available to the Tribes and other area employers and project
owners for work at projects, tribal operations, and businesses:
- to improve the representation and enforcement capabilities of
the Tribes' TERO agencies;
- to provide the Tribes, signatory employers and area project and
business owners with ready access to an additional labor and
skills, when needed, from outside the Tribes’ villages; and
- to provide Tribal members with access to employment and training
opportunities outside their local communities.
Moreover, the Agreement seeks to address the aforementioned
Unions' lack of membership base in these villages and to provide the
Unions and signatory employers_with ready access to quality local labor
for rural projects to which they previously have had little or no access
to.
ARTICLE II
FINDINGS
In making this Agreement, the aforementioned Tribes make the
following Findings as bases for their need to exercise their sovereign
authority by entering into this Agreement:
1. As federally recognized Indian Tribes, these Villages have
the inherent sovereign authority to enter into this type of an Agreement
in order to protect and foster the livelihood of their tribal members
and community members living within their respective villages;
2. By executing this Agreement, the Tribes are invoking their
sovereign authority to deal with other entities in order to better the
lives of their tribal members and others who live within their
respective villages;
3: The Tribes are currently attempting to create long-term
sustainable development within their respective villages and are seeking
to utilize the Unions’ training, expertise, skills and benefits as one
source of carrying out this objective for the betterment of their
communities;
4. The Tribes witness many construction and other
infrastructure-building projects coming into the Yukon-Koyukuk Subregion
of Interior Alaska (hereinafter "subregion"), which bring millions of
dollars into the subregion;
5. However, the Tribes also recognize that many of the
contractors working on these projects do not comply with the local hire
ordinances of the subregion's Tribes and fail to hire qualified local
tribal members and other community members, thereby permitting much of
the project money to leave the Tribes' respective villages;
6. Nevertheless, these projects are a major source of employment
for the Tribes' members and other community members living within the
subregion's villages;
7. The Tribes are entering into this partnership with the Unions
to put contractors coming into the villages on notice that the Tribes
have available the necessary work force trained for the work to be done,
thereby re-capturing the many millions of dollars that leave the
villages for the tribal and community members of the Tribes' villages;
8. By entering into this Agreement with the Unions and other
parties, the Tribes seek to address a major problem facing tribal
members and other community members employed on these projects,
specifically, they receive no long-term benefits, such as retirement
benefits, health insurance, and training, from the contractors working
these projects, and what benefits they do receive are often fragmented
among many different employers’ programs and funds;
9. The Tribes are putting forth a cooperative effort by forming
a partnership with the Unions in order to give tribal members and other
community members living in the Tribes' villages access to the Unions'
benefits plans in order to take some of the uncertainty out of their
communities’ futures;
10. The Tribes are also entering into this partnership with the
Unions in order to increase the effectiveness of the Tribes' TERO's by
utilizing the local hire aspects of federal labor law;
11. In an effort to address the aforementioned problems and to
grow the Unions, the Laborers and Operators Unions have approached the
Tribes in an attempt to work out a subregional cooperative labor
agreement as a demonstration project for the rest of Interior Alaska;
12. These unions have previously worked out labor agreements with
individual tribes in the subregion for individual projects for which
small-scale success was achieved;
13. The Tribes would like to utilize the Unions B and vice versa
B in order to train the work force currently living in the villages that
are currently insufficiently trained to carry out certain specialized
job duties;
14. The Tribes are currently administering their own Temporary
Assistance to Needy Families program through Tanana Chiefs Conference,
Inc. under the federal welfare reform law, Personal Responsibility and
Work Opportunity Reconciliation Act of 1996, 42 U.S.C. ' 612 et seq.,
and must therefore create job opportunities and have people currently on
welfare rolls trained and able to work on jobs coming into the villages;
15. The Tribes are attempting to utilize Unions' abilities in
coordination with the Tribes’ sovereign authority over such matters
coming into the villages by formulating a plan to put in place a
functioning infrastructure in each of the subregion's villages;
16. The Tribes are hopeful that coordination with the Unions, and
possible employers who sign onto this plan, will create the job
opportunities necessary to allow the younger community members the
chance to remain in the Tribes’ villages without having to move
elsewhere to find employment necessary to earn a living;
17. The Tribes are attempting to create opportunities for tribal
members and other community members to acquire employment outside their
respective villages and subregion through the Unions once they become
comfortable and dedicated to the Unions' systems; and
18. In conjunction with using the political, social and economic
clout the Tribes have in dealing with various entities, the Tribes are
seeking to use the Unions’ history in dealing with employers in order to
stabilize the wages that tribal and community members receive.
ARTICLE III
PARTIES, COVERAGE, AND BASIC DUTIES
Section 1. Parties.
The parties to this Agreement are the Native Villages of Huslia,
Kaltag, Koyukuk, Louden, Nulato, and Ruby ("Tribes") and the Laborers’
Union, Local No. 942 and the Operating Engineers Union, Local No. 302
("Unions"). Should other unions or potential employers of the Tribes’
work force seek to sign onto this Agreement, they may do so and become
parties to this Agreement, subject to the written approval of the
original parties and under such conditions as the original parties may
from time-to-time establish.
Section 2. Tribal Sovereign Immunity.
The Tribes are all federally recognized Indian tribes possessing
attributes of inherent sovereignty, including sovereign immunity from
suit and exemption from the jurisdiction of the National Labor Relations
Board ("NLRB"). The Tribes are in no way executing a general waiver of
sovereign immunity or subjecting themselves to the jurisdiction of the
NLRB or other Federal or State agencies or courts by entering this
Agreement, except for the limited waivers of sovereign immunity that may
be contained herein.
Section 3. Coverage.
This Agreement shall apply to all construction and non-
construction projects coming into or near the Tribes’ villages, or
subject to the Tribes’ TERO Office oversight, except where the parties
specifically recognize that this Agreement may not feasiblely apply to a
project in a manner that benefits all parties. In such identified
cases, the parties agree they will not seek to apply this Agreement.
Section 4. Cooperation and Communication.
To the fullest extent possible, in order to foster an effective
and powerful partnership, the parties agree they will cooperate and
communicate with each other to achieve the objectives of this Agreement.
Section 5. Inclusion of Other Parties.
As mentioned above in Section 1 of this Article, the parties agree
they will seek to add as many other public entities and potential
employers as possible as parties to this Agreement in order to put in
place the structure necessary to carry out the objectives of this
Agreement. Moreover, the parties shall seek to add as signatory parties
to this Agreement other unions whose crafts are necessary in carrying
out projects in the Tribes’ villages.
Section 6. Basic Duties.
(1) The Tribes agree that their basic duties under this Agreement
shall include, but are not limited to, identifying tribal members and
other community members living in the Tribes’ villages who could
potentially become Union members and assist them in becoming Union
members, identifying projects that will be coming into the villages to
which this Agreement would apply for purposes of allowing the Unions to
train the tribal workforce, and request that contractors and other
employers coming into the Tribes’ villages to perform projects sign onto
this Agreement. The Tribes also agree that if they are the employers
for the identified project, the Tribes shall apply this Agreement to the
project.
(2) The Unions agree that their basic duties under this Agreement
shall include, but are not limited to, assisting the Tribes in stressing
to contractors and other employers coming into the Tribes' villages the
importance of having this Agreement apply to the contractors'/employers'
projects, and will, if necessary, seek to have employees of the project
elect to have the project unionized, administer the benefits plans
mentioned below for the union members from the Tribes' villages, train
the tribal workforce necessary to capture the employment of an
identified village project, and advocate for members.
ARTICLE IV
EFFECT OF OTHER AGREEMENTS
The provisions of this Agreement agreed upon between the parties
shall apply to all projects identified in Article III. Provisions of
national union agreements or specific project agreements to which the
Tribes and Unions are parties which may conflict or differ with the
terms of this Agreement shall take precedence.
ARTICLE V
HIRING OF TRIBAL MEMBERS AS EMPLOYEES THROUGH UNION(S)
Section 1. Tribal Employment Rights Ordinances ("TERO's").
The Parties agree to comply with the relevant Tribal TERO's and
their hiring preferences. The Tribes agree to amend their TERO's, if
necessary, to conform to this Agreement and its Appendices.
Section 2. Hiring Halls.
The Unions and Tribes agree to cooperatively administer the
hiring hall process and procedure as defined in this agreement. This
shall be done through a sub-regional liason that shall be appointed by
the Yukon/Koyukuk sub-region,on behalf of all parties and to dispatch
employees to work covered by this Agreement. The Unions agree to allow
unemployed tribal member and TERO applicants who are listed on the TERO
subregion's job referral list or lists, to also sign their general "“out-
of-work" lists maintained at the Unions’ offices for referral to
projects falling outside the geographic area of the subregion, in a
manner that otherwise complies with the hiring hall=s rules.
Section 3. Non-Discrimination Clause.
The Parties agree that they will advocate and honor local Native
and local resident employment preferences as permitted by law, but will
otherwise in no way discriminate against any job applicant or employee
on the basis of sex or gender, religion, creed, disability, marital
status, race, color, sexual preference, union advocacy or membership or
non-advocacy or membership, political views, or foreign origin.
Compliance with government requirements shall not be considered a
violation of this clause.
Section 4. Employer Violation of Hiring Procedures.
In the event an employer has employed an individual in violation
of this Article, the Tribe and/or Union shall decree that the employer
shall pay to the Union member who would have been dispatched to that
job, had the hiring procedures been followed, the full amount of wages
which said individual has lost, together with the payment into the
various fringe benefit trusts on behalf of said Union member.
ARTICLE VI
TRIBAL AND UNION SECURITY
EMPLOYER RECOGNITION
Section 1. Checkoff of Dues.
An employer who is administering a contract to which this
Agreement applies shall deduct from an employee's wages such amount of
the Union dues and/or assessments owed by them to the Union, provided
the employee has executed a written assignment calling for such a
deduction. If an employer transfers an employee to a subsidiary and/or
sister company, or if an employee is transferred by the employer to a
joint venture that is formed by the employer, the employee shall not
need to execute a new and separate written assignment allowing for such
deductions; the original assignment shall apply in such instances. The
deductions shall continue to be made by the second company and will be
forwarded to the Union. Such deductions shall be transmitted to the
Union within ten (10) days following the end of each calendar month.
The Union shall notify the employer of the amount to be deducted and
shall supply the needed transmittal forms.
The above deductions shall be made by the employer so long as such
payments are deemed in compliance with applicable law, and the Union
agrees to indemnify the employer for any litigation costs, expenses or
liabilities which an employer may incur from compliance with this
provision.
Section 2. Discrimination Forbidden.
Any employer administering a contract to which this Agreement
applies shall be the sole judge of a worker's ability, qualifications,
competence, and performance. However, no Union member dispatched shal]
be discriminated against for upholding lawful Tribal, TERO, and Union
principles.
Section 3. Job Steward.
A working steward shall be appointed by the Union that will
represent the Tribe and/or Union on the job at all times, subject to the
supervision of the employer. The employer shall be informed of the name
of the appointed steward, in writing, and only such steward will be
accorded recognition by the employer. The job steward shall be the last
person terminated, with the exception of foremen, provided the job
steward is qualified for the last work available on the job. The Union
shall be notified by the employer prior to a job steward's termination.
The job steward shall be allowed to discuss grievances arising under
this Agreement with the job supervisor during working hours without loss
of compensation. All other TERO/Union business shall be done on off-
duty time.
Section 4. Discipline.
The Union retains the right to discipline the Union members
covered by this Agreement at all times.
Section 5. Union Security.
Construction. All employees performing construction work shal]
become members of the Union not later than the eighth (8) day following
the beginning of such employment, or from the inception of this
Agreement, and thereafter shall maintain their membership in the Union.
Non-Construction. All employees performing non-construction work
shall become members of the Union not later than the thirty-first (31°)
day following the beginning of such employment, or from the inception of
this Agreement, and thereafter shall maintain their membership in the
10
Union.
Membership Portability. Employees covered by this Agreement who
are members of a Union signatory to this Agreement shall not be required
to change unions when they are working outside their Union's normal
jurisdiction.
Exceptions. The Parties agree to honor exceptions to the union
security provisions where required by law.
Section 6. Employer Recognition.
Employers signatory to this Agreement agree that the Union(s) have
demonstrated that they represent a majority of the employees, waive NLRB
or other representation procedures, recognize the Union(s) as the
majority representative of the bargaining unit employees, and while
performing work under this Agreement will become part of a multi-
employer bargaining unit with other employers performing work under this
Agreement.
ARTICLE VII
GRIEVANCE PROCEDURE
Section 1. Employer/Employee Disputes.
(a) If a job steward has been appointed to the project, the
employees shall report to their job steward any grievance, complaint, or
dispute that arises between the employee and employer. If there is no
job steward, the employee shall report to the TERO officer and Business
Agent. The job steward or TERO officer will attempt to immediately
resolve the matter between the parties on the job. If a settlement of
the matter is not reached at this point, it shall proceed to step (c).
(b) If the employer and Tribe/Union have a dispute or complaint
with the other party(s) and if after conferring, a settlement is not
reached within five (5) working days, the dispute shall proceed to step
(c) in the same manner as an employee complaint.
11
(c) Failing to agree, parties shall give the other party written
notice to take the matter to mediation. The Tribe/Union and the
employer shall each appoint one (1) mediator apiece for a total of two
(2) within two (2) working days of the written notice to use mediation.
These 2 mediators shall then appoint a third mediator and the group of
mediators shall meet with the disputing parties, without recording the
proceeding, and discuss possible settlement. If the three mediators
cannot mutually agree on how to facilitate a settlement within three (3)
days following the initial meeting, the mediators shall certify to the
parties that they cannot suggest a settlement of the dispute to the
parties. If the mediators group fails to reach a majority decision on
such dispute or grievance submitted to it within seven (7) days, such
dispute or grievance may be taken to arbitration by the employer or the
Tribe/Union as herein provided.
(d) Should mediation prove to be unsuccessful, an arbitrator
shall be selected from a list of seven (7) names furnished by the
Federal Mediation and Conciliation Service by the mediation group
through majority decision. Any decision of the arbitrator shall be
within the scope and terms of this Agreement, and shall be final and
binding upon the disputing parties. It may also provide retroactivity
not exceeding sixty (60) days from the date the dispute or grievance was
brought to the attention of the Tribe/Union and shall state the
effective date.
(e) Times set forth by this Section may be extended by mutual
agreement between the parties.
(f) These administrative remedies must be exhausted prior to the
aggrieved party having the right to seek judicial remedies.
(g) All disputes and grievances related to operation of the
hiring system must be brought before the Joint Hiring Committee
described in the Appendix I of this Agreement.
Section 2. Disputes Between Tribes and Unions.
Given that the Tribes and the Unions have created a partnership by
executing this Agreement, they will strive at all times to resolve
12
disputes amicably without seeking intervention from a third party.
However, should the need arise, the Tribes and Unions shall follow the
steps outlined in Section 1, subsections (b) B (f), to resolve disputes.
ARTICLE VIII
SUBSISTENCE / QUARTERS / TRAVEL
To the extent the projects to which this Agreement apply occur
within the Tribes' villages, any employer is in no way obligated to
provide the local employees with quarters and subsistence. Should the
job occur outside of a village and call for employees to stay at the
jobsite, the Tribes and Unions shall negotiate such matters with the
employers on a case-by-case project basis providing for each situation's
uniqueness.
The employer is also not obligated to provide for an employee's
travel when it is necessary for the employee to travel from his/her home
village to secure employment, unless the employer recruits the employee
for the job. In such cases where the employer does not provide for
travel, the Tribe and the Union may assist the employee when necessary
for the employee to travel to another village for the job, provided that
the Tribe and/or Union shall seek reimbursement from the employee. In
such instances, the employee shall execute a written assignment allowing
the Tribe and/or Union to have the employer deduct the necessary amounts
in portions spread over a period of time so as to not unduly burden the
employee.
Employers who require employees to travel will be obligated to
provide reasonable room, board, and transportation costs, which will be
negotiated in advance between the Tribes, Unions, and the Employer
involved.
ARTICLE IX
DRUG/ALCOHOL FREE WORKPLACE
Recognizing the needs of projects covered by this Agreement to
have a capable and competent workforce, the Tribes and Unions are
13
committed to providing employers and employees with a drug-free and
alcohol-free workplace. It is the goal to protect the health and safety
of employees and to promote a productive workplace, and protect the
reputation of the Tribes and Unions and the employees they provide.
Consistent with these goals, the Tribes prohibit the use, possession,
distribution or sale at employment sites covered by this Agreement of
drugs, drug paraphernalia or alcohol. The Tribes may institute an
alcohol/drug-screening program to carry out the goals of this article
and shall be responsible for the costs of such a program. In designing
such a program, the Tribes will generally follow and refer to the U.S.
Department of Transportation workplace drug policy regulations and
guidelines, which have become the general industry standard. The Tribes
and Unions recognize the employer's right to develop and implement a
drug-screening program. The employer will be responsible for the costs
involved in such screening. The employer will designate the facility to
conduct the drug/alcohol screening. The Tribe has the right to refuse
to refer an employee it has determined to be suffering from substance
abuse after an appropriate screening and will refer the member to an
appropriate substance abuse rehabilitation program. The employer shall
have the same right, provided that the problem is discovered through an
appropriate screening.
ARTICLE X
HOLIDAYS
The holiday rate shall apply for work on the following days:
New Year's Day Independence Day
Martin Luther King Day Labor Day
Washington's Birthday Veteran=s Day
Traditional Chief=s Day Thanksgiving Day
Memorial Day Christmas Day
14
When any of these holidays shall fall on a Sunday, then the
following Monday shall be considered a legal holiday, unless Sunday is a
scheduled workday.
The Tribes and the Unions may agree to observe these holidays on
other days of the year to provide for the special needs of the Tribes’
workforces, e.g. subsistence hunting and fishing, provided that they do
so before the beginning of the calendar year in order to give potential
employers adequate and timely notice. In so doing, the Parties do not
intend to add holidays to this Agreement. Rather, they may only shift
the listed holidays to coincide with the lifestyles of employees covered
by this Agreement.
Tribes will provide advance notice to unions and employers of any
traditional days, in addition to any holidays, that Tribal members plan
to observe that will require them to be away from work.
ARTICLE XI
PAY
Section 1. Regular Payday.
An employer on a project to which this Agreement applies shal]
establish a regular weekly payday on which employees shall be paid
during working hours, which payday shall not be later than seven (7)
days following the end of the payroll period.
Time cards shall be reviewed and signed by the employees daily or
weekly and submitted to the employer. Time cards shall not be changed
or altered without prior consultation with the employee, Union Business
Agent and _ TERO officer.
Copies of the employees’ time cards shall be made available by the
employer for inspection by the employee, Union Business Agent or TERO
officer or mailed to the TERO officer or Union hall (during normal
working hours) upon eight (8) hours notice by the TERO officer or Union
Business Agent.
Section 2. Payment of Wages Upon Termination.
If an employee is laid off, the person's wages become due
immediately and the employer must have the employee's check at the TERO
office, Union hall, or U.S. Mail within forty-eight (48) hours of
15
separation, provided, however, that an employee separated after 5:00
p.m. shall receive his/her check prior in the TERO office, Union hall,
or U.S. Mail within seventy-two (72) hours. In either case, failure to
pay within the prescribed period of time (exclusive of Saturday,
Sundays, and Holidays) shall entitle the employee(s) to waiting time of
two (2) hours per day. Employees who quit or who are discharged for
cause shall be paid no later than the end of the first work day
following separation.
Section 3. Itemized Deductions.
An employer operating under this Agreement shall itemize
deductions on pay checks so employees can determine the purposes for
which amounts have been withheld and shall indicate the number of
straight time hours, overtime hours, dues deductions, and the basic rate
per hour paid.
Section 4. Work in Different Classification.
When an employee is temporarily required to perform work of
another classification, the employee shall be paid the rate that the
classification calls for while required to perform such work, provided
the employee works at least two (2) hours within that classification.
ARTICLE XII
WAGES
Wages shall be paid in accordance with the attached Appendix II
and Appendix III Schedule A. The AGC Master Agreement will determine
allocations of future wage and benefit increases on all projects covered
by this section. The Wage Schedule may contain different pay scales for
different industries and conditions, as determined by mutual agreement
of the Parties.
ARTICLE XIII
FRINGE BENEFITS
Fringe benefits shall be paid in accordance with the rates put
forth in Appendix II and Appendix III. The wage schedules may contain
different pay scales for different industries and conditions, as
determined by mutual agreement of the Parties.
16
ARTICLE XIV
PORTABILITY OF BENEFITS
DESIGNATION OF "HOME TRUST FUNDS"
In order to allow a Union member's benefits to grow along with the
employment of that individual, the Tribes and Unions will cooperate and
assist in the creation of “home trust" funds for the Employees.
Essentially, these "home trust" funds will allow an Employee to seek
employment on a job that may have only one of the two participating
Signatory Unions to which that Employee did not originally belong to
gain employment on that job, yet have his/her fringe benefits
contributions be deposited into his/her “home trust" fund. These "home
trust" funds are to be created to allow an Employee to develop benefits
sufficient to plan his/her future by ensuring that he/she is building
only one (1) benefits package, rather than numerous fragmented benefits.
Employers shall make all fringe benefit contributions for Employe-
es covered by this Agreement to the Union's trust fund of the dispatched
employee. The Employer shall not be obligated to contribute fringe
benefit contributions for the same type of benefit to any other trust
fund or benefit plan, provided that the Employee's designated home funds
agree to accept the contributions and credit the Employees for those
contributions in accordance with the trust fund's rules. For example,
if the Employee designates the Laborers’ Employer Health and Welfare
Fund as his/her “home trust" for health and welfare benefits, the
Employer shall not be obligated to pay health care and welfare benefits
to any other trust for that Employee.
The Employees for whom contributions are made in accordance with
this section to their designated home funds shall look only to those
funds for benefits. All other contributions and deductions shall be as
indicated in the applicable labor agreement for the geographic area in
which the work is performed, unless otherwise determined by the Parties
to this Agreement.
If Employees covered by this Agreement do not designate any home
trust funds for their various benefit contributions, then the Employer
shall pay the benefits to the trusts as normally indicated above for
that Employee's craft and union membership. A Tribe's TERO Officer
shall have authority to designate home trust funds for tribal member
17
Employees who fail to individually designate their home trusts. In the
event that the TERO Officer makes such a designation, the Employer's
payments made in accordance with that designation shall be deemed to be
in compliance with this Agreement. The TERO Offices, signatory Unions,
signatory Employers, and participating trust funds shall all cooperate
to correct any mistakes or errors in "home trust" designations.
Contributions to the designated home trust funds shall be at the
customary rates set by the home trust funds. The amounts paid to
designated "home trusts" shall be satisfied first from the negotiated
fringe benefit package. If that amount is insufficient, then the
remainder may be deducted from the wage component of the Employee's
negotiated pay scale. For example, if the Employee's designated home
trust fund's required contribution amounts exceed the negotiated fringe
package under which he/she is currently working, then the contributions
may be deducted from the wage-fringe package.
ARTICLE XV
PAY GUARANTEES
Section 1. Pay For Actual Time Worked.
Except as provided in this Article, an Employee is only entitled
to pay for time worked.
Section 2. Show-up Guarantee.
Employees reporting for work and not put to work shall receive two
(2) hours at their regular straight time rate unless notified not to
report at least two (2) hours prior to the start of the shift.
Notification may take the form of a telephone answering device, radio
broadcast or any other agreed upon device. Where employees live in
camp, such notification can be given any time prior to departure from
camp.
Section 3. Work Injuries.
Employees injured on the job, provided injury is reported to the
person's Employer and requires medical attention, are to be paid for
time spent on the first visit to the doctor and, if the doctor
determines and certifies that the Employee is unable to return to work
because of injury, he/she shall be paid the balance of the shift during
18
which the injury occurred. This provision applies to medical attention
received during regular working hours only.
Section 4. Call-Back Guarantee.
When an Employee has completed their scheduled shift and returns
by direction of the Employer to perform additional work, they shal]
receive overtime pay for the actual hours worked with a minimum
guarantee of one (1) hour's pay at the applicable rate.
ARTICLE XVI
WORK HOURS / OVERTIME / SHIFTS
Section 1. Normal Work Day & Week.
Eight (8) hours shall constitute the normal work day; and forty
(40) hours shall constitute the normal work week. Starting and quitting
time for the work day shall be established between 6:00 a.m. and 6:00
p.m. (Starting times may be staggered between the hours of 6:00 a.m. and
8:00 a.m.) in accordance with job requirements, as determined by the
Employer. Employees shall receive compensation of one and one half (1
2) times the base rate for any hours worked over eight (8) hours per day
or over forty (40) hours per week.
On construction projects funded entirely with Federal funds and in
accordance with recent amendments by Congress to the Contract Work Hours
and Safety Standards Act (WHSSA) and the Walsh-Healy Act, it is agreed
between the Parties that overtime will be paid only after Employees have
worked more than forty (40) hours in any one workweek. However, at no
time shall Employees be required to work more than ten (10) hours in any
one work day unless overtime at the rate of one and one-half times the
Employee's straight time rate is paid for time worked in excess of ten
(10) hours.
Nothing in this Article shal] be construed as guaranteeing any
Employee eight (8) hours of work per day, or forty (40) hours of work
per week.
Section 2. Starting Time.
The Employer will establish a regular starting time: except that
it shall be understood that when the job conditions at the site of the
work or when economical considerations warrant, other hours of starting
19
time may be established by mutual agreement between the Employer and the
Tribe and Union. With respect to concrete paving, concrete pouring,
asphalt paving, and road oiling, the starting time of work shall be
mutually arranged to fit the job conditions. Service and maintenance
personnel may be started prior to regular shifts at the straight time
rate.
Section 3. Overtime Rates.
(a) Employees shall receive compensation of one and one half (1
2) times the basic rate for work performed on Saturday and Sunday: and
two (2) times the basic rate for any work performed on holidays,
excepting that when a shift of multiple shift operation is started at
the basic rate or at an overtime rate, it shall be completed at that
rate. Further excepting, that Saturday may be a straight-time workday
for an employee (I) who was absent on a straight-time day on which work
was made available by the Employer; (11) work was interrupted that week
by weather; or, (iii) further, if the Employer's project specifications
require that work be restricted to weekends, Saturday and Sunday will be
straight time days.
Section 4. Multiple Shifts.
Multiple shifts and their starting and quitting times may be
established in accordance with job requirements as determined by the
Employer. There shall be no premium for shift work.
ARTICLE XVII
TRAINING
The Unions agree that, once the Tribes have identified the
projects coming into their respective villages, the Tribes will consult
with the Unions to determine the training needs of the work season,
which will enable the Tribes and Unions to supply the necessary
workforce from within the subregion's villages. Once the training needs
for the season have been assessed, the respective Unions will encourage
the Training Trusts to train tribal members and community members living
within the villages in accordance with training trust guidelines in
order to prepare them for the needs of the coming work season. If the
training ability of the Unions= Training Trusts are insufficient to
20
allow all of the necessary village members to be trained, the Tribal
Councils of the respective Tribes B in consultation with the Unions B
Shall be responsible for identifying the tribal and community members to
be trained by the Unions= Training Trusts.
ARTICLE XVIII
TERO/UNION ADMISSION TO JOBSITE
Section 1. Authorized Representation.
The TERO officer of the Tribes and an authorized representative of
the Union(s) shall be allowed admission to any job at any time for the
purpose of investigating conditions existing on the job. However, the
TERO officer and/or Union representative shall, as soon as possible,
make his presence known to the employer's representative in charge of
the work. On projects which are under military guard, the employers
will cooperate with the Tribe/Union officials in this regard as far as
regulations will permit. The employer shall also notify the Tribe
and/or Union as promptly as possible of any fatalities.
Section 2. Examination of Records.
The TERO officer and/or Union representative shall have the right
to examine all records pertaining to the employees covered by this
Agreement on proper notification in advance to the employer. The
employer shall make available original or copies of the original records
for examinations by the TERO officer and/or Union representative upon
forty-eight (48) hours’ notice from the Tribe and/or Union. To examine
records, other than pay or fringe benefit computations, shall require
written authorization from the employee(s). When requested by the Tribe
and/or Union, employers shall make available the names, addresses and
classifications of any of their employees covered by this Agreement.
ARTICLE XIX
21
PRE-JOB CONFERENCE
Section 1. Pre-Job Conference.
For the purpose of arranging a pre-job conference, the employer
will inform the Tribe and Union in writing upon award of the job. When
requested by the Tribe, Union and/or employer, in writing, a pre-job
conference shall be mandatory. If the employer fails to comply with
this provision and the Tribe and/or Union discovers that an alleged
violation of work assignments exists, the matter shall be referred to
Article VII for resolution.
Section 2. Notification to Subcontractor.
The employer shall notify each subcontractor of the provisions of
this Article and require any such subcontractor performing work with the
scope of this Agreement to comply with the provisions of this Agreement
under Article XXII.
ARTICLE XX
UNIONS’ TRADE CONFLICTS
When a conflict over which Union should have jurisdiction over a
project because of the crafts required on the job, the Unions shall
strive to resolve the dispute in an amicable manner as quickly as
possible to prevent any delay in getting tribal and village community
members to work. Should the unions not be able to resolve the matter,
the dispute shall be referred to Article VII for resolution.
ARTICLE XXI
STRIKES AND LOCKOUTS
Section 1. No Strikes / No Lockouts.
During the term of this Agreement, there shall be no strikes,
picketing, work stoppages, slow-downs, or other disruptive activity for
any reason by the Tribes and/or Unions or by any employee against
employers who have signed onto this Agreement and agree to conduct work
under this Agreement. Similarly, there shall be no lockouts by an
employer who signs onto this Agreement.
22
Section 2. Responsibility.
The Tribe and/or Union shall not be liable for acts of employees
for which it has no responsibility. The Tribe/Union will immediately
instruct, order, and use the best efforts of its office to cause any
member or group of members to cease any violations of this Article.
When the Tribe/Union complies with its obligation concerning the above-
described activity, it shall not be liable for unauthorized acts of its
members. The failure of the employer to exercise its rights in any
instance shall not be deemed a waiver of its rights in any other
instance. The Union agrees that it will not sanction a picket line nor
will any Union members refuse to cross a picket line unless subject
picket line meets the definitions of legitimate and bona fide primary
picket line as set forth in the NLRA.
Section 3. Judicial Remedies
Nothing in this Agreement shall be construed to limit the Union=s
or the Employer=s right to fully pursue any and all judicial remedies
available under law in the event of violation of this Agreement.
Section 4. Violation
Employees who violate any provision of this Article are subject to
immediate termination, as the employer determines to be warranted.
ARTICLE XXII
WORK PRESERVATION, SUBCONTRACTING,
AND MANAGEMENT RIGHTS
Section 1. Construction Work Subcontractor Clause.
No Employer shall assign, transfer, delegate, or subcontract to
any subcontractor or firm at any job-site construction, alteration, or
repair work unless such subcontractor has first signed this Agreement.
Section 2. Non-Construction Work Preservation Clause.
No Employer shall assign, transfer, delegate, or subcontract to
any subcontractor or firm at any job-site construction, alteration, or
repair work unless such subcontractor has first signed this Agreement.
23
Section 3. Management Rights.
Subject to the conditions in this Agreement, an Employer operating
under this Agreement retains all discretionary and decision making
rights not specifically limited by the terms of this Agreement. These
rights include, but are not limited to, the following: directing the
jobsite workforce, including hiring of personnel, selection of all
supervisory employees, promotions, transfers, layoffs, discharge of
employees, selecting materials and equipment to be used or installed,
utilizing any work methods, procedures, techniques of construction or
labor-saving devices or machines, establishing jobsite rules and
regulations, determining when overtime is required and who shall perform
overtime work, designation of work to be subcontracted, selection of all
subcontractors, and determining the number of men/women and craft
Supervisory personnel required to perform the work.
ARTICLE XXIII
MISCELLANEOUS PROVISIONS
Section 1. Change in Policy.
It is mutually understood that there is no desire on the part of
the Tribes and the Unions to dictate the business policies of the
Employers signed onto this Agreement, but when the Employer contemplates
a change in policy affecting the welfare of the Employees covered by
this Agreement, proper and reasonable notice shall be given to the
Tribes' TERO Officers and the Unions.
Section 2. Termination Slip.
It shall be mandatory that the Employer furnish and complete
termination slips for any Employee who is terminated, giving one to the
Employee and retaining one for the Employer's records. Each termination
or layoff slip shall show the actual reason for termination.
Section 3. Work by Supervisors.
While the Employer does not intend that supervisors outside the
bargaining unit be regularly engaged in bargaining unit work, it is
nonetheless a reserved prerogative for the Employer to assign incidental
or occasional work to such supervisory personnel in instances when the
24
Employer deems it appropriate to do so without violating any provision
of the Agreement or any Appendix. When deemed appropriate, the Employer
will designate a particular supervisor to issue instructions to the
craft working foreman utilized by the Employer to prevent duplication
and confusion of orders. Hours worked by non-unit supervisors in
performance of unit work are not compensable hours for purposes of
Employer Trust contributions (i.e., the Employer is not obligated to
make contributions on such hours worked by non-unit supervisors).
Section 4. Immunizations and Physicals.
The Employer shall pay for all Employer required physicals and
immunizations. The Employee is not entitled to wages or other pay while
engaged in these activities.
Section 5. Termination for Cause.
An Employee may be discharged without warning for just cause.
Just cause includes, but is not limited to: drunkenness, drug abuse,
dishonesty, incompetence, insubordination, negligence with equipment,
unexcused absenteeism, disobedience of orders, unsatisfactory
performance of duties, and violations of the project owner's rules
imposed upon the Employer.
Section 6. Injured Person to Get Priority For Rehire.
An Employee who is required to leave employment because of job
connected injuries shall, upon recovery therefrom, be given priority of
hire by their former Employer when that Employer needs one or more
Employees in the injured person's classification, provided the said
Employee is ready, willing, and able to return to work. This section
shall not apply for a different project, after a winter shut-down or if
the previously injured Employee works elsewhere since his/her recovery.
Section 7. New Equipment and Classifications.
Wage scales for Employees not listed in Appendix II and Appendix
III shall be negotiated at the time the new classification is to be
utilized.
Section 8. Severability Clause.
In the event any section or provisions of this Agreement shall be
declared or held to be invalid or illegal by an authorized Board or
25
Court, only the part, section, provision of the entire Agreement so held
or declared invalid or illegal shall forthwith cease to be of further
force and effect, and in such event either party hereto may upon not
less than thirty (30) days written notice to the other have the right to
open negotiations for the substitution of a new section, sections, or
agreement consistent with the decision of the Board or Court.
Section 9. Transportation in Aircraft.
When Employees are transported in aircraft, such aircraft shall be
operated, maintained, and have a certificate of air worthiness, and the
pilot shall be licensed and certified, all in accordance with applicable
laws and regulations.
Section 10. Joint Venture.
Any reference to "Joint Venture" in this Agreement or Appendix to
this Agreement applies solely to a Joint Venture undertaken by the
Employer with another company(ies) signatory to this Agreement. It is
expressly not the intent of any Party to this Agreement that this
Agreement be extended or be capable of being extended in any manner to
any Joint Venture in which one or more Employers participating in the
Joint Venture are not signatory to this Agreement.
The parties are empowered to mutually consent to use special
conditions, project labor agreements, and other wise modify this basic
agreement for particular projects.
ARTICLE XXIV
AMENDMENT AND DURATION
Section 1. Term of Agreement.
The term of this Agreement shall be perpetual or until terminated
by the parties as set forth herein.
Section 2. Amendments.
This Agreement may be adjusted by consent of all parties affected
by such amendment, provided that such amendments are executed by the
Tribes' Councils under their internal procedures utilized in such
26
circumstances, the duly authorized representatives of the Unions, other
public entities signing onto this Agreement, and employers signing onto
this Agreement.
Section 3. Special Adjustments.
In order to preserve work for the Tribes'/Unions' members and to return
a signatory employer to an equally competitive position in all projects, the
parties signatory to this Agreement may, in the case of specific geographical
areas, industries, or projects for a specific period of time, mutually agree
to put into effect special wages and conditions for that area or project, or
in the case of changes in Tribal, State, or Federal Wage & Hour Standards.
Section 4. Termination of Agreement.
Any party can terminate its signatory status under this Agreement
but can do so only by giving the other parties six (6) months written
notices of such intentions.
This Terms of this Agreement shall otherwise remain in force and
affect until July 1, 2003, and shall automatically renew from year-to-year
thereafter, unless either of the original parties serves notice upon the
other original parties that it desires modifications. Such notice shall
be given with the time period falling between 60 and 90 days prior to the
expiration or annual renewal date. The Parties are otherwise free to amend
this agreement by mutual consent at any time.
Execution of Agreement
IN WITNESS WHEREOF, the parties have caused this Agreement to be
executed by their duly authorized representatives this day of
, 2000.
Native Village of Kaltag Native Village of Nulato
1st Chief or Designate 1st Chief or Designate
27
Native Village of Koyukuk Native Village of Louden
1S* Chief or Designate 1s* Chief or Designate
Native Village of Huslia Native Village of Ruby
1st Chief or Designate 1st Chief or Designate
Laborers Local No. 942 Operating Engineers Local No. 302
Employer Employer
Employer Employer
Employer Employer
28
APPENDICES TO COOPERATIVE LABOR AGREEMENT
ENTERED INTO BETWEEN THE TRIBES AND UNIONS
Appendix I:METHODS FOR HIRING OF TRIBAL MEMBERS AS EMPLOYEES THOUGH
UNION(S) .
Appendix IT: LABORERS LOCAL 942 SCHEDULE A. Fringe Benefits, Hiring
Provisions, Working Rules,
Classifications and Wage Rates.
Appendix III: OPERATING ENGINEERS LOCAL 302 SCHEDULE A. Fringe
Benefits Hiring Provisions, Working Rules,
Classifications and Wage Rates.
29
APPENDIX I
METHODS FOR HIRING TRIBAL MEMBERS
AS EMPLOYEES THROUGH UNION(S)
Hiring Hall Job Referral Lists Maintained by Union/TERO Offices For Work
Within the Subregion:
Section 1. Joint Hiring Committee for Oversight and Appeals.
The Parties to this Agreement shall create a Joint Hiring Committee
with equal numbers of representatives from the Tribes, the Employers, and
the Unions to supervise and control the operation of the job referral
system. The Joint Hiring Committee is empowered to hear and determine any
and all disputes or grievances arising out of operation of the hiring
system, and is also empowered to impose remedies. Any registrant,
applicant or employee who believes they have been treated unfairly by the
hiring system under this agreement must bring their appeal to the Joint
Hiring Committee.
Section 2. Tribal Employment Rights Ordinances ("TERO") Hiring
Preferences. For projects covered by this Agreement, the Tribes
agree that their subregional TERO's shall be amended in the following
manner and shall create the following orders of preference for
employment on projects to which this Agreement applies (NOTE: if this
Agreement does not apply to a particular project, the Tribe's original
TERO shall apply to the project):
(a) Provided that they are members in good standing of the
Laborers= Union, Local #942 or the Operating Engineers, Local #302 and
have been employed by an employer(s) under a collective bargaining
agreement within Alaska and have worked for such employer(s) a minimum
of 500 hours in the immediately preceding twenty four months immediately
preceding registration on this list, or Tribal member and other
community member residents (Native and non-Native) of an individual
Tribe's village within which the identified project will be conducted
who have resided in the village continuously for at least the past
twelve (12) months shall be of the first order of preference for
employment on the identified project to which this Agreement applies.
Appendix I 30
The Unions agree that this shall constitute their "Group 1" list as that
term is commonly understood by the Unions and that persons on this list
shall have first priority in receiving employment on an identified
project to which this Agreement applies.
(b) Provided they are Union members in good standing and have been
employed by an employer(s) under a collective bargaining agreement within
Alaska and who have worked for such employer(s) a minimum of 1-500 hours
in the twelve (12) month period immediately preceding registration, Tribal
member and other community member residents of an individual Tribe's
village (Native and non-Native) within which the identified project will
be conducted who have resided in the village continuously for at least the
past twelve (12) months shall be of the second order of preference for
employment on the identified project to which this Agreement applies. The
Unions agree that this shall constitute their common "Group II" list as
that term is commonly understood by the Unions and that persons on this
list shall have second priority in receiving employment on an identified
project to which this Agreement applies.
Hiring preference shall be given to Group I and Group II applicants of
any specific village where the specific project or job is located. If it
is not located within the recognized confines of any one village, then
Group I and Group II preference shall be afforded to the applicants in
whichever village is located in closest proximity to the project or job.
There shall be no hiring preference given to craft jurisdiction but
only to the local applicant=s qualifications in regards to the position
they are applying/dispatched for.
After exhausting the Group I and Group II lists within any one village,
if more positions remain to be filled, then the preference for
dispatching will be done in order of using the balance of the sub-
regional out-of-work list, with the qualified person with the lowest
number, regardless of the geographical location of applicants village
within the subregion.
All members in good standing and listed on the subregional out-of-work
list shall also be listed on the appropriate out-of-work list at their
home local union halls, based on their standing as defined in the AGC
Master Agreements of both the Operators= and Laborers= Unions.
Appendix I 31
Section 3. Hiring Hall.
The tribal offices of the Tribe within whose village a project to
which this Agreement applies is being conducted shall constitute the
point of hire for the hiring hall lists mentioned in Section 2.
Section 4. Selection of Employees for Referral.
(a) The TERO officer of the Tribe within whose village an
identified project is being conducted, or another person duly appointed
by the Tribe to carry out the selection process on behalf of the Tribe,
shall compile the lists mentioned in Section 1, and shall refer
employees in the order their names appear on the respective lists in
sufficient number required by the employer when requests are made by an
employer in the orders of prioritization mentioned in those lists.
(b) Any applicant who is unqualified for a referral and is
rejected by the employer for that reason shall be registered on the
bottom of the appropriate list. After the rejection, the Tribe/Union
will have twenty-four (24) hours to refer another applicant(s),
Saturdays, Sundays and Holidays excepted; but, the Tribe/Union shall
strive to refer another applicant as quickly as possible within the 24-
hour period.
(c) When a worker quits a job of his/her own volition without
good and sufficient cause, he/she shall be registered at the bottom of
the appropriate list. A person discharged on two (2) consecutive
instances shall be placed on the bottom of the appropriated out-of-work
list.
(d) When a registrant is referred for employment and is actually
employed on a job for more than seven (7) days in a twelve (12) month
period (defined: January 1 to December 31), such registrant's name shall
be removed from the list. When his/her employment terminates, he/she
shall registered at the bottom of the appropriate list on which he/she
is entitled to be registered. A registrant may refuse to be referred to
employment in regular order without prejudicing his/her position on the
appropriate list on which he/she is registered.
(e) In the event that the referral facilities maintained by the
Tribes and Unions are unable to fill the requisition of any employer for
workers within a forty-eight (48) hour period after such requisition is
Appendix I 32
made by the employer (Saturdays, Sundays, and Holidays excepted), the
employer may employ applicants without reference to the referral
procedure. In such an event, the employer shall notify the Tribe and
Unions of the names and dates of such hiring within forty-eight (48)
hours of such hiring.
Section 5. Rehire Provisions
(a) Request by the employer for a particular Union member
previously employed under the this Agreement by the employer or a
venture of which the employer was a member and who has been laid off or
terminated by the employer or the joint venture within three (3) years
previous to the request shall be honored, and a request for a particular
worker who has been laid off or terminated more than three (3) years,
but not more than five (5) years prior to the request shall be honored
to the extent that one person referred to the employer by the
Tribe/Union from the out-of-work list shall be employed for every person
so requested by name. Job stewards dispatched by the Union shall not
qualify for call back under the rehire clause. The job steward may be
the first person hired and/or dispatched at the union=s discretion.
(b) Where contractors/employers engage in a joint venture,
workers employed by any of the joint ventures may be transferred to the
job or called for by name if the requirements of the priorities
mentioned above in Section 2 have been met by all of the joint ventures.
(c) A subsidiary corporation or one under the control of
another corporation shall be considered the same employer as the parent
controlling corporation for the purpose of transferring workers to or
from the parent, subsidiary, or controlled corporation.
Section 6. Employer Ability to Reject Referred Applicants.
Employers operating under this Agreement retain the right to reject
any job applicant referred by the Tribe/ Union, in which event the
Tribe/ Union shall refer another applicant; provided that this ability
applies only in cases where the worker was incapable of or unwilling to
do the job specified by the employer. Should an employer reject a
referred applicant, the employer will give the Tribe and/or Union a
legitimate reason in writing within twenty-four (24) hours. After the
Appendix I 33
rejection, the Tribe or Union will have twenty-four (24) hours to refer
applicant(s).
Section 7. Employer Violation of Hiring Procedures.
In the event an employer has employed an individual in violations
of this Article, the Tribe /Union shall decree that the employer shal]
pay to the Union member who would have been dispatched to that job, had
the hiring procedures been followed, the full amount of wages which said
individual has lost, together with the payment into the various fringe
benefit trusts on behalf of said Union member.
Section 8. Registration or Reregistration.
Registration or re-registration of applicants for referral shall be
accepted by the Tribes and the Unions during their normal business
hours. All applicants shall be registered in the order of time and date
of registration. To remain on the registration list, an applicant for
referral must renew his/her registration no later than ninety (90) days
from the date of his last registration or re-registration. Registration
or re-registration and placement on the appropriate list shall be in
person with the person's respective Tribal office or Union office. All
applicants may register or re-register by mail or facsimile from the
subregion, the member=s signature is required.
Each Union's subregional out-of-work list shall consist of their
respective "Group I and Group II@ lists as well as their master out-of-
work lists in their respective union halls. Each applicant for referral
shall be required to furnish such data, records, names of employers and
length of employment and licenses as may be deemed necessary, and each
applicant shall complete such forms or registrations as shall be
submitted to him/her.
A reasonable fee may be charged for the registration of any
applicant.
Section 9. Obligation to Hire Through the Union
Employers shall hire qualified workers by calling the
Union. The Employer shall notify the local Union office either in
writing or by telephone, stating the location, starting time,
Appendix I 34
approximate duration of the job, the type of work to be performed, and
the number of workers required.
Appendix I 35
APPENDIX II
LABORERS LOCAL 942
SCHEDULE A
Hiring Provisions, Working Rules, Classifications,
Wage Rates and Fringe Benefits
Section 1. Exceptions to Referral Procedures.
The referral procedure contained herein shall be followed except
that:
(a) Provided they are made from the lists mentioned above in
Article V, Section 1, requests by the employer for key workers to act as
General Foremen shall be honored without regard to the requested
worker's place on the on the Tribes’ out-of-work lists. General Foremen
hired under these provisions shall not be reduced to a lower
classification and their employment as a General Foreman shall not
qualify as a General Foreman under this Section, the employee must
actually perform the duties of a General Foreman.
(b) Requests for key workers to act as foremen. The contractor
shall call the Tribe and/or Union giving a description of the type of
work, and other qualifications needed for their specific job. Foremen
hired under these provisions shall not be reduced to a lower
classification and their employment as a foreman shall not qualify them
for callback under the rehire clause. The minimum requirements to
accept a foreman's call shall be:
1. Have a current first aid card recognized by the Tribe
or State of Alaska Dept. of Labor; and
2. Five or more years experience in the construction
industry. Three years of which must have been worked
under the Alaska State District Council of Laborers
Agreement, or this Agreement when the appropriate
period of time has passed allowing for this provision
to come to fruition.
Appendix II 36
(c) The responsibilities of the Foreman or General Foreman shall
include, but not be limited to, having authority, in the interest of the
employer, to direct, promote, discharge, or discipline employees under
his/her supervision, or through the use of independent judgment to
recommend such action to management.
(d) Request by the employer for a particular Union member
previously employed under this Agreement by the employer or a joint
venture of which the employer was a member and who has been laid off or
terminated by the employer or the joint venture within three (3) years
previous to the request shall be honored, and a request for a particular
worker who has been laid off or terminated more than three (3) years,
but not more than five (5) years prior to the request shall be honored
to the extent that one person referred to the employer by the
Tribe/Union from the out-of-work list shall be employed for every person
so requested by name. Job stewards dispatched by the Union shall not
qualify for a callback under the rehire clause. The job steward may be
the first person hired and/or dispatched at the union's discretion.
(e) Name request for persons with bona fide special skills will
be honored from the individual and other subregion's Tribes’ "Group I "
and "Group II" Lists. Unless approved by the Tribe, the name requested
person must work in the designated classification. Special skills are
defined as follows:
1) Asbestos, 9) Hod carrier
2) Asphalt Raker, 10) Miner,
3) Concrete Specialist, 11) Pipelayer
(includes culvert & multiplate)
4) Concrete Vibratorman, 12) | Powderman,
5) Driller, 13) Scaffold Building and Erecting,
6) Formbuilder (for tunnels and 14) Traffic Worksite Supervisor,
and
pipeline work only), 15) Such other classifications
that may be
7) Grade Checker, established by the joint hiring
committees
8) Hazardous Waste,
Appendix II 37
"Open Call" requests for workers with special skills and
abilities will be dispatched in the order in which their names appear on
the subregional out-of-work lists.
(f) Where contractors/employers engage in a joint venture,
workers employed by any of the joint ventures may be transferred to the
job or called for by name if the requirements of the priorities
mentioned above in Section 1 have been met by all of the joint ventures.
(g) A subsidiary corporation or one under the control of another
corporations shall be considered the same employer as the parent
controlling corporation for the purpose of transferring workers to or
from the parent, subsidiary, or controlled corporation.
(8) Public Works Projects -Davis Bacon Act and Related Statutes.
In the event an individual Employer bids on a public project being warded by a federal, state,
borough, city or other public entity which is to be performed at a predetermined and/or prevailing
wage rate established pursuant to the provisions of the Davis Bacon Act (Public Law 74-403
[8/30/35] as amended 3/21/41 and 7/2/64 40 USC 276A-276A7 as amended ) or established
pursuant to the provisions of Title 36 Alaska Statutes, or any other prevailing wage, the published
hourly wage and fringe rate set forth in said public award or the construction contract rate in effect
at the time of bid shall apply for the duration of the project or the term of the AGC Agreement,
even though such prevailing wage is less that the wage set forth in the AGC Agreement. The
same principle shall also apply to fringe benefits. It is the intent of the Article that if the
prevailing wage/benefit rate decreases during the term of the project, the Employer is entitled to
adopt the lower prevailing wage unless prohibited by statute from doing so.
Appendix II 38
Section 2. Classifications and Wages
GROUP I - Hourly Wage Rate $24.35
Asphalt Workers (shovelman, plant crew)
Brush Cutters
Camp Maintenance Laborer
Carpenter tenders or helpers
Choke Setters, hook tender, rigger, signalman
Concrete Labor (curb & gutter, chute handler, grouting, curing, screeding)
Crusher Plant Laborer
Demolition Laborer
Ditch Diggers
Dump Man
Environmental Laborer (asbestos, hazardous and toxic waste, oil spill)
Fence Installer
Fire Watch Laborer
Flagman
Form strippers
General Laborer
Guardrail Laborer, bridge rail installers
Hydro-seeder Nozzleman
Laborers, Building
Landscaper or Planter
Material handlers
Pneumatic or Power Tools
Portable or Chemical Toilet Serviceman
Pump Man or Mixer Man
Railroad Track Laborer
Sandblast, pot tender
Saw Tenders
Scaffold building & erecting
Slurry work
Stake Hopper
Steam Point or Water Jet Operator
Steam cleaner operator
Tank Cleaning
Utiliwalk, Utilidor Laborer, and Conduit Installer
Watchman (construction projects)
Appendix II 39
Window Cleaner
GROUP II - Hourly Wage Rate $25.10
Burning and Cutting Torch
Cement or Lime Dumper or Handler (sack or bulk)
Chainsaw Operator, filer
Choker splicer
Chucktender (wagon, airtrack and hydraulic drills)
Concrete Laborers(power buggy, concrete saws, pumpsrete nozzleman, Vibratorman)
Environmental Laborer (marine work, oil spill skimmer operator, small boat operator)
Foam Gun or Foam Machine Operator
Green Cutter (dam work)
Guardrail machine operator
Gunnite Operator
Hod Carriers
Jackhammer or Pavement Breakers [more than 45 pounds]
Laser Instrument Operators
Mason Tender and Mud Mixer (sewer work)
Pipelayers, Pipe Builder, Plastic Welding
Plasterer, Bricklayer and Cement Finisher Tenders
Powderman Helper
Power saw Operator
Railroad Switch Layout Laborer
Sandblaster
Sewer Caulkers
Sewer Plant Maintenance Man
Thermal Plastic Applicator
Timber Faller, chain saw operator
Timberman
Traffic Worksite Supervisor
GROUP III - Hourly Wage Rate $25.75
Alarm Installer
Asphalt Raker, Asphalt Belly dump lay down
Bit Grinder
Appendix II 40
Drill Doctor (in the field)
Drillers (including, but not limited to, wagon drills, air-track drills, hydraulic drills)
Grade Checking (setting or transferring of grade marks, line and grade)
High Rigger and Tree Topper
High Scaler
Pioneer Drilling and Drilling Off Tugger (all type drills)
Powderman
Slurry Seal Squeegee Man
Welding (in connection with Laborers work)
GROUP IV - Hourly Wage Rate $16.70
Final Building Clean up
FOREMEN
Laborer Foremen shall receive $1.00 per hour over the highest worker under their
supervision.
Powder Foreman and Drill Foreman shall receive $1.25 per hour over Group III.
General Foreman shall receive $2.00 per hour over the highest worker under their
supervision.
PERMANENT YARD OR SHOP
The regular hourly wage rate for Laborers employed in a construction employer's
permanent yard or shop is $15.00 (Foreman $16.00) effective April 1, 1995. If the
employee leaves the yard or shop area, the wage rate shall revert to 100% of the applicable
rate except for Laborers that are not part of a specific construction project.
EMPLOYEE SUPPLIED CHAIN SAW
If the Employer requires an Employee to furnish their own chain saw, then the Employee
will be compensated an additional $0.50 cents per hour in wages.
ARTICLE Il
Appendix II 41
FRINGE BENEFITS
Section 1. Laborers Benefits.
The Laborers Union shall administer the following fringe benefits
trusts for the benefit of the members supplied by the Tribes under this
Agreement :
A. Alaska Laborer's Employer Health and Welfare Fund:
The employers are signatory to a Trust Agreement establishing this
fund made and entered into September 18, 1953, by and between the Union,
the Trustees and the Associated General Contractors of Alaska, Inc.,
(and including individual employers and certain Local Unions thereto
subscribing). It is understood that under the provision thereof, the
employers contribute, effective April 1, 1994, Two Dollars Ninety-Eight
Cents ($2.98) per each compensable hour accredited to Laborers in their
employ for the purposes of group insurance as specified in said Trust
Agreement. It is understood that the contributions are to be computed
solely on the total number of compensable hours and are not to be
included in wages or in computation of overtime.
The details of the plan will be determined by the Board of Trustees
of the Alaska Laborers-Employer Health and Welfare Fund, in accordance
with the Trust Agreement which created the Trust Fund. The employer and
the Union agree to be bound by said Trust Agreement and all lawful
amendments thereto, and do further agree to accept as their
representatives those employer-trustees and union-trustees who
constitute the Board of Trustees of said Trust Fund and their lawful
SuUCCeSSOrs.
B. Alaska Laborers B Employers Defined Benefit Retirement Fund:
The employers are signatory to a Trust Agreement establishing this
fund made and entered into July 1, 1962, by and between the Union and
the Associated General Contractors, Inc. It is understood that under
the provision thereof, the employers contribute, effective September 1,
1999, Four Dollars and eighty cents ($4.80) per each compensable hour
accredited to Laborers in their employ for the purposes of group
retirement as specified in said Trust Agreement. It is understood that
the contributions are to be computed solely on the total number of
Appendix II 42
compensable hours and are not to be included in wages or in computation
of overtime.
For those employers contributing to the Alaska Laborers-Employers
Supplemental Defined Contributions Pension Fund, the employer will
contribute Twenty-Five Cents ($0.25) per each compensable hour
accredited to Laborers in their employ.
The details of the plan will be determined by the Board of Trustees
of the Alaska Laborers-Employer Retirement Fund, in accordance with the
Trust Agreement which created the Trust Fund. The employer and the
Union agree to be bound by said Trust Agreement and all lawful
amendments thereto, and do further agree to accept as their
representatives those employer-trustees and union-trustees who
constitute the Board of Trustees of said Trust Fund and their lawful
SUCCeSSOrs.
C. Alaska Laborers-Employers Supplemental Defined Contributions
Pension Fund:
The employers are signatory to a Trust Agreement establishing this
fund made and entered into July 1, 1995, by and between the Union and
the Associated General Contractors of Alaska, Inc. It is understood
that under the provision thereof, the employers contribute, effective
July 1, 1995, Twenty-Five Cents ($0.25) per each compensable hour
accredited to Laborers with more than 15 years of service with a single
contributing employer. The amount of the employer contribution to this
plan is a direct offset in the Defined Benefit Plan contribution to the
Alaska Laborers-Employers Defined Benefit Retirement Fund. The said
Contributions are to be computed solely on the total number of
compensable hours and are not to be included in wages or in computation
of overtime.
The details of the plan will be determined by the Board of Trustees
of the Alaska Laborers-Employers Supplemental Defined Contribution
Pension Fund, in accordance with the Trust Agreement which created the
Trust Fund. The employer and the Union agree to be bound by said Trust
Agreement and all lawful amendments thereto, and do further agree to
accept as their representatives those employer-trustees and union-
Appendix II 43
trustees who constitute the Board of Trustees of said Trust Fund and
their lawful successors.
D. Alaska Laborers’ Construction Industry Training Fund:
The employers are signatory to a Trust Agreement establishing this
fund made and entered into October 13, 1967, by and between the Union
and the Associated General Contractors, Inc. It is understood that
under the provision thereof, the employers contribute, effective
September 1, 1999, Thirty-Five ($0.45) per each compensable hour
accredited to Laborers in their employ for the purposes of training and
upgrading as specified in said Trust Agreement. It is understood that
the contributions are to be computed solely on the total number of
compensable hours and are not to be included in wages or in computation
of overtime. There will be a separate accounting for regulatory type
training.
The details of the plan will be determined by the Board of Trustees
of the Alaska Laborers-Employer Construction Industry Training Fund, in
accordance with the Trust Agreement which created the Trust Fund. The
employer and the Union agree to be bound by said Trust Agreement and al]
lawful amendments thereto, and do further agree to accept as their
representatives those employer-trustees and union-trustees who
constitute the Board of Trustees of said Trust Fund and their lawful
successors.
E. Alaska Laborers’ Legal Service Fund:
It is agreed that the contractors and the signatory Laborers’ Local
Unions will jointly create and establish a Legal Service Fund on or
after July 1, 1976. Effective April 1, 1992, the employer will
contribute the sum of One Cent ($0.01) for each compensable hour
accredited to Laborers in their employ for the Legal Service Fund. The
said contributions are to be computed solely on the total number of
compensable hours and are not to be included in wages or in computation
of overtime.
The details of the plan will be determined by the Board of Trustees
of the Alaska Laborers-Employer Construction Industry Legal Service
Fund, in accordance with the Trust Agreement which created the Trust
Fund. The employer and the Union agree to be bound by said Trust
Appendix II 44
Agreement and all lawful amendments thereto, and do further agree to
accept as their representatives those employer-trustees and union-
trustees who constitute the Board of Trustees of said Trust Fund and
their lawful successors.
Section F. Labor Management Cooperation Committee.
Employers shall deduct from an employee's wages and pay/make a
contribution to the Yukon-Koyukuk Subregion Labor Management Cooperation
Committee ("LMCC") the amount of 1.5% of gross weekly earnings plus
which shall be used to defray TERO costs of administering this Agreement
by the Tribes. The Yukon-Koyukuk Subregion LMCC shall be organized under
the Labor-Management Cooperation Act of 1978 and may adopt whatever
official name it deems appropriate. The Tribes and the Unions shall
supply the appropriate forms to employers.
Section H. Laborers= Employer Cooperation and Education Fund: (LECET)
Effective September 1, 1998 the Employer will contribute the sum of
Five Cents ($.05) for each compensable hour accredited to laborers in
their employ for the fund. The said contributions are to be computed
solely on the total number of compensable hours and are not to be in
included in wages or in computation of overtime.
The details of the plan will be determined by the Board of
Trustees, in accordance with the Trust Agreement which created the Trust
Fund. The employer and the Union agree to be bound by said Trust
Agreement and all lawful amendments thereto, and do further agree to
accept as their representatives those employer-trustees and union-
trustees who constitute the Board of Trustees of said Trust Fund and
their lawful successors.
Section I. Dues Check Off:
The Employers will deduct three (3%) of the employee=s gross weekly
earnings for working dues from each Laborer in their employ, upon proper
assignment of such deduction from each employee. Said deduction will be
remitted monthly to the appropriate Laborers= Union on forms supplied by
the Union.
APPENDIX III
Appendix II 45
OPERATING ENGINEERS LOCAL 302 SCHEDULE A
Article 1
Fringe Benefits, Hiring Provisions, Working Rules Classifications and
Wage Rates
Wage rates will become effective upon ratification and
notification on all work and shall apply to all construction work
performed by the Employer within the jurisdiction of Local No. 302 in
the State of Alaska.
Section 1. Working Dues Check-Off Assignment
In accordance with the terms of an individual and voluntary written authorization for
check-off of membership dues in form permitted by the provisions of Section 302 (c) of the
Labor Management Relations Act, as amended, the Employer agrees to deduct for Working
Dues an amount per compensable hour of wages, from each employee covered by this
Agreement, once each week, which has been or will be in the future authorized by the
membership of Local 302. Said amount will be deducted from each compensable hour of
wages once each week for the wages of each employee covered by this Agreement. All
monies collected for Working Dues by the Employer shall be paid to the agent for Local 302,
namely: Operating Engineers, Welfare & Pension Administration Service, Inc., P.O. Box
34205, Seattle, Wash. 98124-1205. The Working Dues which are deducted shall be paid
monthly by the 15th of the month following the month in which they were deducted.
The Operating Engineers Union shall administer the following fringe benefits trust
for the benefit of the members supplied by the Tribes under this Agreement:
Section 2. Health and Security - $4.00 per hour:
It is agreed that Employers covered by this Agreement shall contribute
a sum of four dollars ($4.00) for each compensable man-hour of Operating
Engineers, including supervisory employees when covered by this Agreement,
employed by such Employers in work contained in the terms of this
Agreement. Said contributions shall be made on or before the fifteenth
(15) day following the month in which the hours were worked to Local 302
International Union of Operating Engineers Construction Industry Health and
Security Trust Fund in the manner as set forth in the Trust Agreement of
said Trust Fund. The details of the Health and Security Plan established
Appendix III 46
by this Trust Fund shall continue to be controlled and administered by a
Joint Board of Trustees composed of equal representation from the Unions
(Tribes?) and the Chapters of the Associated General Contractors of
America, Inc., who are the signatories to the Trust Agreement of the
aforesaid Trust Fund. Each Trustee appointed by the Union shall be a
member of the Union, and each Trustee appointed by the Employers shall be
a member of an affiliated firm of the Chapters of the Associated General
Contractors of America, Inc.
It is understood that the Union and Employer associations are
principal parties to the Trust Agreement and, therefore, shall be furnished
full information on the actions of the Trustees and the operations of the
Trusts. As parties to this Agreement, the Tribes are also entitled to this
information.
Section 3. Pensions - $4.00 per hour:
It is agreed that all Employers covered by this Agreement shall
contribute a sum of four dollars ($4.00) for each compensable man-hour of
Operating Engineers, including supervisory employees when covered by this
Agreement, employed by such Employers in work contained in the terms of
this Agreement. Said contributions shall be made on or before the
fifteenth (15) day of the month following the month in which the hours
were worked to the Local 302 Operating Engineers-Employers Retirement Fund
in the manner as set forth in the Trust Agreement of said Trust Fund. The
details of the Retirement Plan established by this Trust Fund shal]
continue to be administered by a join Board of Trustees composed equal
representation from the Unions and the Chapters of the Associated General
Contractors of America, Inc., who are the signatories to the Trust
Agreement of the aforesaid Trust Fund. Each Trustee appointed by the Union
shall be a member of the Union, and each Trustee appointed by the Employers
shall be a member of an affiliated firm of the Chapters or a regular paid
employee of the Associated General Contractors of America, Inc.
It is understood that the Union and Employer associations are
principal parties to the Trust Agreement and, therefore, shall be furnished
full information on the actions of the Trustees and the operations of the
Trusts. As parties to this Agreement, the Tribes are also entitled to this
information.
Section 4. Apprenticeship Training B Retraining - $.45 per hour:
Appendix III 47
It is agreed that all Employers covered by this Agreement shall
contribute a sum of forty-five ($.45) cents for each compensable man-hour
of Operating Engineers, including supervisory employees when covered by
this Agreement, employed by such Employers in work contained in the terms
of this Agreement. Said contributions shall be made on or before the
fifteenth (15) day following the month in which the hours were worked to
Local 302 International Union of Operating Engineers-Employers Training
Fund in the manner as set forth in the Trust Agreement of said Trust Fund.
The details of the Training Plan established by this Trust Fund shal!
continue to be controlled and administered by a Joint Board of Trustees
composed of equal representation from the Unions (Tribes?) and the Chapters
of the Associated General Contractors of America, Inc., who are the
signatories to the Trust Agreement of the aforesaid Trust Fund. Each
Trustee appointed by the Union shall be a member of the Union, and each
Trustee appointed by the Employers shall be a member of an affiliated firm
of the Chapters of the Associated General Contractors of America, Inc.
It is understood that the Union and Employer associations are
principal parties to the Trust Agreement and, therefore, shall be furnished
full information on the actions of the Trustees and the operations of the
Trusts. As parties to this Agreement, the Tribes are also entitled to this
information.
Section 5. Labor Management Cooperation Committee.
Employers shall deduct from an employee's wages and pay/make a
contribution to the Yukon-Koyukuk Subregion Labor Management Cooperation
Committee ("LMCC") the amount of 1.5% of gross weekly earnings plus which
shall be used to defray TERO costs of administering this Agreement by the
Tribes. The Yukon-Koyukuk Subregion LMCC shall be organized under the
Labor-Management Cooperation Act of 1978 and may adopt whatever official
name it deems appropriate. The Tribes and the Unions shall supply the
appropriate forms to employers.
Section 6. Contributions to Trusts.
It is understood that benefit payments and contributions paid by the
employers under this Agreement to the various Funds, are to be computed
solely on the total number of compensable hours worked by persons that are
members of the Unions only, and are not to be included in wages and will
not, therefore, be subject to either Federal, State, or Tribal withholding
Appendix III 48
taxes and further shall not be considered or included in the computation
of overtime pay.
Section 7. Other Benefits.
The Parties may establish other benefit plans by mutual agreement as
they shall determine from time-to-time.
ARTICLE II
APPRENTICESHIP TRAINING-RETRAINING
Section 1. Apprenticeship Training-Retraining
The parties agree it is in their mutual interest and in the interest of the construction
industry that new employees be trained in the operation of equipment covered by this
Agreement. Therefore, in the furtherance of this objective, the parties are signatory to a Trust
Agreement in existence by and between the Associated General Contractors of Alaska, and
Local 302 of the I.U.O.E.
The parties further agree to maintain a formal Apprenticeship Plan for the training of
operating engineers for the State of Alaska. The parties of this Agreement agree to participate
in and support the Apprenticeship Plan and to abide by its local rules and requirements
governing the selection, manning, qualifications, education and training of all apprentices,
insofar as said rules and requirements conform to the National Apprentice and Training
Standards for the trade of Operating Engineers and to all applicable laws. Where conditions
permit, the Employer may utilize apprenticeship ratios of up to one apprentice for every five
journeymen; however the requirements of the approved standards are to be applied.
Section 2. Contributions
It is agreed that all Employers covered by this Agreement shall contribute a sum of
forty-five (.45) cents, for each compensable man-hour of operating engineers, including
supervisory employees when covered by this Agreement, employed by such Employers in
work contained in the terms of this Agreement. Said contributions shall be made, on or before
the fifteenth day of the month following the month in which the hours were worked, to the
Local 302, Operating Engineers-Employers Training Fund in the manner set forth in the Trust
Agreement of the said Trust Fund. The details of the Training Plan established by this Trust
Fund shall continue to be controlled and administered by a Joint Board of Trustees composed
of equal representatives from the Union and the Associated General Contractors of Alaska,
who are signatory to the Trust Agreement of the aforesaid Trust Fund. Each Trustee
Appendix III 49
appointed by the Union shall be a member of the Union, and each Trustee appointed by the
Employers shall be a member of an affiliated firm of the Chapter or a regular paid employee
of the Associated General Contractors of Alaska.
NOTE: If found necessary, a portion of any wage raise may be applied to Health and
Security, Retirement and/or Apprentice Training-Retraining Trust Fund by the Union giving
thirty (30) days= notice to the Employers prior to wage increments. Contributions to each
Trust are applicable to hours of bargaining unit employees only and not to hours worked by
non-unit supervisors. When a bargaining unit employee is temporarily working outside a craft
or as part of a composite crew as per Article XIII, benefit contributions will be payable by the
Employer only to the Trust Funds of the craft of which the employee is a member (i.e., no
double contributions to Trusts).
ARTICLE III
RECIPROCITY
If Local 302 has entered into a reciprocity agreement with a sister local outside the
jurisdiction of the Agreement providing that an Employer covered by this Agreement may
bring its key employees with it into Local 302's jurisdiction, said Employer shall be permitted
to make contributions to the AGC sister local trust funds on behalf of its key employees. In
the event the total contributions under this Agreement are higher than the total AGC sister
local contributions rate, the difference shall be paid to the employee as a part of his wages.
ARTICLE IV
HIRING OF OPERATING ENGINEERS
Section 1. Persons Dispatched By The Union
The Union agrees to dispatch only persons who are qualified to perform the required
work and the Employers agree to employ only qualified operating engineers. Operating
engineers shall be qualified for employment under this Agreement who have had at least two
(2) years of actual practical working experience in the building, heavy, highway and related
industries.
Section 2. Obligation To Hire Through The Union
Appendix III 50
Employers shall hire qualified operating engineers by calling the Union. The
Employer shall notify the local Union office either in writing or by telephone, stating the
location, starting time, approximate duration of the job, the type of work to be performed, and
the number of operating engineers required.
Section 3. Group listing
Employees covered by this Agreement have certain accrued rights or benefits for
themselves and their dependents under health and welfare and/or pension plans which accrue
to them by virtue of length of employment with the Employers party to this and related
Agreements, and such rights are generally continuous while under employment and remain
effective until a certain period of time after layoff or discharge.
Priority rights mean the rights accruing to Employees, as hereafter provided in this and
related Agreements, through length of service with Employers which will entitle the operating
engineer to a priority or preference of rehire after termination or layoff. This priority shall
in no way be considered as a right for the purpose of tenure of employment.
All classes of operating engineers shall be hired and/or rehired in accordance with
length of service with Employers in this and other related collective bargaining units as listed:
Section4 — Referral by the Union
(a) The referral procedure as contained herein shall be followed except that:
(1) Requests by Employers for key personnel to act as master mechanics or
foreman shall be honored without regard to the requested person's place on the out-of-
work list. Such foreman will not be considered a craft working foreman routinely
entitled to perform bargaining unit work, until he/she has accumulated 500
compensated hours with the Employer unless otherwise approved by the Union.
Unless otherwise approved by the Union, foremen hired under the provisions of this
hiring agreement shall not be reduced to a lower classification nor shall their
employment as a foreman qualify them for a call back, until they have been employed
by the Employer in any capacity under the terms of this Agreement or a previous
Agreement for at least 500 hours.
(2) | Requests by Employers for a particular person in Group I or Group II
Appendix III 51
previously employed by the Employer or a joint venture of which the Employer was
a member within the geographical area of this Agreement and who has been laid off
or terminated by the Employer or the joint venture within five (5) years previous to the
request shall be honored.
(3) | The Union recognizes that manning requirements may vary from project to
project and the Employer's need for individuals with special skills and/or experience
within a work classification could require more flexible terms in the request procedure.
Therefore, should this occur, the Union and the Employer will meet and resolve each
request on a case by case basis either in the best interest of the industry and/or the
Special conditions clause contained in this Agreement.
(4) In the best interests of the industry, requests by Employers for particular
engineers with no priority shall be honored without regard to the requested person=s
place on the out-of-work lists, provided that said individuals occupy the status of
college students (seeking summer employment only), majoring in civil engineering,
architecture, or construction management; sons and daughters of management or of
individuals employed as Operating Engineers. Provided further, however, that any
dispute arising as a result of such requests may be referred to the Joint Hiring
Committee in accordance with the provisions of Article III. For each person
dispatched as a college student or son or daughter of management under this clause,
the Employer shall employ a son or daughter of an operating engineer.
(5) Requests by Employers for a particular person in Group 1 shall be honored
provided that person has completed a length of service in one or more work
classifications (set out in this or other I.U.O.E. related Alaskan construction
agreements) of at least ten (10) years for employers signatory to this or other related
I.U.0.E. Alaskan construction agreements. A year of service is considered complete
when the hours worked are sufficient to have earned at least 250 hours in a calendar
year in the pension plan referenced in this Agreement. Verification (i.e., Welfare and
Pension Administration Service; Inc. information) must be submitted at least once to
the referring district Union office by the employee as proof of the 10 years service as
set forth above.
(b)Where Employers engage in a joint venture, persons employed by any of the joint venturers
may be transferred to the job or called for by name if the requirements of (e) 1, 2, and 3
above have been met by the joint venturers.
(c) A subsidiary corporation or one under control of another corporation shall be considered
Appendix III 52
the same Employer as the parent or controlling corporation for the purpose of transferring
personnel to or from the parent, subsidiary or controlled corporation.
(d) A reasonable fee may be charged for the registration of any applicant.
(1) Disputes that arise out of this section (Hiring of Operating Engineers) will be settled by
the Joint Hiring Hall Committee set forth in Article III of the Master Agreement.
Appendix III 53
ARTICLE V
WORKING RULES
Section 1. Working Rules
The Employers recognize and agree that Local No. 302 of the I.U.O.E. is the exclusive
bargaining agent for all engineers, apprentices, mechanics, and _ oilers/assistant
engineers/service engineers, in the operation, maintenance, greasing and servicing, shop, and
job site repair of all heavy equipment, including the maintenance, greasing and servicing and
repair of all automotive equipment covered by this Agreement. It is further agreed that
Historic Jurisdictional Agreements of Record in the State of Alaska will be observed.
(a) On tower cranes where the operator is required to operate from a cab walkway or platform,
or on power shovels, mucking machines, crawler cranes, truck cranes, floating cranes,
Whirley cranes, locomotive cranes, Hyster cat cranes, 16" and over trenching machines,
rock crushers and asphalt plants, the Employer and the Union shall agree whether an
oiler/assistant engineer or fireman is required. However, whenever an operating engineer
on any piece of equipment requires assistance in the operation of said equipment,
maintenance or repair, such extra person or persons shall be operating engineers,
oilers/assistant engineers, firemen or deck hands, and under the direct supervision of the
operator.
(b) Mechanics and service oilers/service engineers shall furnish their own tools but shall not
be required to furnish special tools as follows: Air or electric wrenches, gear and gearing
pullers, electric drills, reamers, taps, and dies, oxy-acetylene hoses, gauges, torches and
tips, thirty-six inch pipe wrenches, socket wrench drives over 3/4 inch, wrenches over two
(2) inches, coffin hoists and hydraulic jacks.
(c) Mechanics and service oilers/service engineers shall not be required by the Employer to
furnish their own transportation for tools to perform their work assignments.
(d) Tools broken or damaged in the course of employment will be replaced or reimbursement
will be made by the Employer upon the presentation of satisfactory evidence.
(e) Neither this nor any other provisions of this Schedule A or the Master Agreement shall be
interpreted or applied in any manner to impair or preclude the Employer from continuing
its historic practices regarding the subcontracting of maintenance work.
Appendix III 54
ARTICLE VI
WARRANTY WORK
The only exception with respect to the work covered by this Agreement is warranty
work, and this work will be permitted and performed in accordance with the manufacturers
or sellers warranty program. Equipment which is leased, or is on a rental-purchase contract,
in which ownership resides in the dealer, shall be considered to belong to Employer for the
purpose of this Article.
ARTICLE VII
OWNER-OPERATOR
When a piece of equipment is operated by its owner and is used on work covered by
this Agreement, the owner-operator of said piece of equipment shall be paid wages and fringe
benefits by the Employer subject to the terms and conditions of this Agreement, and the check
stubs will show equipment rental separate from other items. This Article shall not apply when
a written sub-contract has been entered into with the owner-operator.
ARTICLE VIII
WAGES AND CLASSIFICATIONS
GROUP I
T/A/9T - $28.37 7/1/98 - $29.07 7/1/99 - $29.72
Asphalt Roller.
Back Filler.
Barrier Machine (Zipper)
Batch Plant Operator: batch and mixer over 200 yards per hour.
Beltcrete with Power Pack and similar conveyors.
Bending Machine.
Boat Coxwains.
Bulldozer.
Cableways. Highlines and Cablecars.
Cleaning Machine.
Coating Machine.
Cranes-45 tons and under or 150 foot of boom and under (including jib and
attachments). 50 foe [9 Jo» > fb [> Is [= ae REIS Appendix III 55
(a) Shovels, backhoes, draglines, clamshells. gradalls-3 yards and under.
(b) Hydralifts or Transporters, all track or truck type.
(c) Derricks.
13. Crushers.
14. Deck Winches-Double Drum.
15. | Ditching or Trenching machine (16 inch or over).
16 Drilling Machines, core, cable, rotary, and exploration.
17 Finishing Machine operator, concrete paving, Laser Screed, and sidewalk. curb and
gutter machine.
18. Helicopters.
19. Hover Craft, Flex Craft, Loadmaster, Air Cushion, All Terrain Vehicle,
Rollagon, Bargecable. Nodwell Sno Cat.
20. Hydro Ax: Feller Buncher and similar.
21. Loaders.
(a) Forklifts with power boom and swing attachment.
(b) Overhead and front end, 2 1/2 yards through 5 yards.
(c) Loaders with forks or pipe clamps.
(d) Loaders, elevating belt type, Euclid and similar types.
22. Mechanics, Welders, Bodyman, Electrical, Camp Maintenance Engineer.
23° Micro Tunneling Machine
24 Mixers: Mobile type with hoist combination.
25. Motor Patrol Grader.
26. | Mucking Machines: Mole, Tunnel Drill, Horizontal/Directional
Drill Operator, and/or Shield.
27 Operator on Dredges.
28. Piledriver Engineers, L.B. Foster, Puller, or similar paving _ breaker.
29. Power Plant, Turbine Operator, 200 k.w. and over (power plants or combination of
power units over 300 k.w.).
30. Sauerman-Bagley.
Scraper-through 40 yards.
Sidebooms-under 45 tons.
31.
32.
33. Shot Blast Machine.
34 Spreaders, Blaw Knox, Cedarapids, Barber Greene, Screed, Slurry machine.
35. | Sub Grader (Gurries, C.M.L. and C.M I. Roto Mills and similar types).
36. Tack Tractor.
37 Truck Mounted Concrete Pump, Conveyor, and Creter.
38. | Wate Kote Machine.
39 Unlicensed Off Road Hauler
GROUP IA
Appendix II 56
7/1/97 - $29.91 7/1/98 - $30.61 7/1/99 - $31.26
L. Camera/Tool/Video Operator (Slipline).
2. Cranes-over 45 tons or 150 foot (including jib and attachments).
(a) Shovels, backhoes, draglines, clamshells-over 3 yards.
(b) Tower Cranes.
Loaders over 5 yards.
Motor Patrol Grader (finish: when finishing to final grade and/or to hubs, or for
asphalt).
Power Plants: 1000 k.w. and over.
Quad.
Sidebooms over 45 tons,
Slip Form Paver, C.M.I. and similar types.
Scrapers over 40 yards. BY so Joo J | | GROUP II
7/1/97 - $27.70 7/1/98 - $28.40 7/1/99 - $29.05
Batch Plant Operator: batch and mixer 200 yards per hour and under.
Boiler-Fireman.
Cement Hogs and Concrete Pump Operators.
Conveyors (except as listed in Group I).
Hoists on steel erection, Towermobiles and Air Tuggers.
Horizontal/Directional Drill Locator
Licensed Grade Technician.
Loaders, Elevating Grader, Dumor and similar.
Locomotives: rod and geared engines.
Mixers.
Screening, Washing Plant.
Service Oiler/Service Engineer.
Sideboom (cradling rock drill regardless of size).
Skidder.
Trenching Machines under 16 inches. sl dati od pel il aE GISESL eRe wre RE GROUP III
7/1/97 - $27.07 7/1/98 - $27.77 7/1/99 - $28.42
Appendix III 57
aAg Frame Trucks, Deck Winches: single power drum.
Bombardier (tack or tow rig).
Boring Machine.
Brooms-power.
Bump Cutter.
Compressor.
Farm Tractor.
Forklift, industrial type.
Gin Truck or Winch Truck with poles when used for hoisting.
Grade Checker and Stake Hopper.
Hoists, Air Tuggers, Elevators.
Loaders:
(a) Elevating-Athey, Barber Greene and similar types.
(b) Forklifts or lumber carrier (on construction job sites).
(c) Forklifts with tower.
(d) Overhead and front end, under 2 1/2 yards.
13. Locomotives: Dinkey (air, steam, gas and electric) speeders.
14. | Mechanics, light duty.
15. Mixers: concrete mixers and batch, 200 yards perhourand —_ under.
16. Oil. Blower Distribution.
17. Posthole Diggers, mechanical.
18. Pot Fireman (power agitated).
19. Power Plant, turbine operator, under 300 k.w.
20. Pumps-water.
21. Rig Ojiler/Assistant Engineer, over 45 ton, over 3 yards or over 150 foot boom.
22. Rollers-other than Plantmix.
23. Saws. concrete.
24. Straightening Machine.
25. Tow Tractor. = |S be be Is I I be Ie IS ls No k
GROUP IV
7/1/97 - $21.65 7/1/98 - $22.35 7/1/99 - $23.00
1. Rig Oiler/Assistant Engineer (advances to Group Ill if over 45 tons or 3 yards or 150
foot boom).
Parts and Equipment Coordinator.
Swamper (on trenching machines or shovel type equipment).
Spotter. |x |e Appendix III 58
oS: Steam Cleaner.
6. Drill Helper.
2 2 2 2 oe oe
Oiler Foreman to receive 754 per hour over Group II.
Operator and Mechanic Foreman to receive 754 _per hour over Group JA.
General Foreman and Master Mechanic to receive $1.50 per hour over Group IA.
Mechanic Leadman to receive 504 per hour over Group I.
Operators working underground to receive a ten percent (10%) premium.
Crane operators employed to service a special craft exclusively or assigned to service a special
craft temporarily on a particular operation of a project shall receive the same overtime rate as
the special craft receive while so employed.
Wage scales for operators of equipment not listed herein shall be negotiated at the time such
equipment is to be operated.
ARTICLE IX
APPRENTICES
Operating Engineer Apprentice wage scales are established by the Joint Apprenticeship
and Training Board of Trustees. The percentage of journeyman pay paid each apprentice is
based upon the number of hours worked in the program and is approved by the United States
Department of Labor. This can be only altered with that Agency—s approval. Pension,
Health, and Security etc., are paid as journeyman. The actual specifics may be obtained from
the Joint Apprentice and Training Offices,
Appendix III 59
Proto Creor: Douctas Yares
Forthree weeks in March and April, 23 eager men and women descended on the Laborers Union, Local 942, training facility in Fairbanks, Under the guidance of three experienced construction-
trade veterans, the crew from villages in the Yukon-Koyukuk Sub-region learned bow to build a house from the ground up. The program called. ‘for six-day work weeks, eight hours a day.
(See story on Page 3.) It wasn’t all hammer and nails, however. There was class time devoted to reading, writing and arithmatic. Calculating perimeters and square footage was joined with
technical issues about insulation values and vapor barriers. Visiting experts provided up-to-date information about why it’s necessary to build structures that breath. Houses without good.
ventilation develop mold and fungus which can attack the lungs and mucus membranes of cotaren and elders. The cooperative training program ts a joint venture between a number of
TCC tribes and the union. Parties on all sides recognize the value of training and employing local people for construction projects in the TCC region. The union boosts its membership while
demonstrating leadership in Alaska’s competitive employment environment. Participating villages gain bighly skilled construction trade personnel, keeping dollars and villagers close to home.
Individual workers gain job opportunities and pensions benefits that previously were only available in the cities or on the North Slope. ’
— cae UU nwaed baba Acadamy hacte Fmaraency Trauma Class